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Downloading Child Pornography

A question clients sometimes ask is: Can I get in trouble for downloading child porn just once? The answer is absolutely yes. Experienced CHild Pornography Lawyers  Under Pennsylvania law, an individual is guilty of a felony of the third degree for possessing child pornography. A felony of the third degree is punishable by a maximum of seven years in prison. An accused is facing this possible seven year penalty for every single piece of child porn found in his possession. Accordingly, if you intentionally download child porn, you could be facing seven years in state prison for every piece of child porn.

One of the key criminal elements in possessing child pornography, is assessing whether or not an individual intentionally downloaded child porn onto his computer. If the download of a single piece of child pornography was done intentionally, then you are guilty of possessing child pornography.  For Further reading on chiild pornography

A question that arises in child pornography cases is: did an individual commit a crime if he accidentally downloaded one piece of child pornography? The answer to that question is that it depends on the specific circumstances of the case. If the individual was intentionally searching for child pornography on the internet and then accidently downloaded it, the government would have a fairly good argument that the accused did in fact want to download child pornography. However, if the accused was searching for adult pornography, (this can be shown by analyzing the various web sites that were accessed by the accused), then the accused has a decent argument that the piece of child pornography that was downloaded was completely accidental.

If you are being questioned by law enforcement regarding the possession of child pornography, make sure that you reach out and talk to an experienced child pornography attorney. An experienced child pornography attorney can walk you through your rights and explain what may or may not be considered a crime by law enforcement.

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Law Offices of Kelly & Conte
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West Chester, PA 19382

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